Replies to post #59874 on Calypso Wireless (fka CLYW)

[williyumyum]

I understand the difference. But since we should be appealing to a Federal Court, and not the judge involved, I think the VirnetX case has similar points as ours. T Mobile pounded the point that distance was the factor that seperated them from CLYW. The made such a point of this that all other points of infringement were disregarded. The judge basicly was given a lesson on the way a signal is sought after according to TM. His conviction was based on what T Mobile's expert portrayed what the differences were. The differences were never met head on by the CLYW attorneys. It is not that they didn't tell the judge the difference. They didn't have a good expert that pounded the fact that what T Mobile was doing was the same as the CLYW patent. By brow beating the judge, TM was able to convince him that they had something entirely different. It just appears that they pushed and pushed until the judge agreed with them. It would be interesting to see if other issues were hammered home by T Mobile without a fight by our attorneys. There were too many other points that should have been in our favor but were totally disregarded. There attorneys danced all over ours until the judge willingly joined the dance. Our attorneys were either incompetent, or to complacent to confront the judge. Maybe they thought this was a slam dunk instead of a war of words. VirnetX attorneys have an attitude of going to war. Our attorneys were already spending the money and patting each other on the back.